Tag: methodology
-
Architecture Expert Witness Fails to Establish the Reliability of his Stability Testing Methodology
A district judge in Louisiana limited the testimony of a renowned architect, citing a complete failure to explain the origin of his methodology or to point to scientific support for the technique that reliably predicts the likelihood that a canopy on display in a store is dangerous, despite his years of experience. To begin with,…
-
Pathology Expert Witness’ Testimony Excluded Due to Rampant Plagiarism
A district judge barred Harvard pathologist from testifying because his report was merely a wholesale adoption of International Agency for Research on Cancer’s (“IARC”) findings under the guise of his own expertise. In this toxic tort case that is part of a suite of companion cases, more than sixty Plaintiffs allege that Defendant Lockheed Martin…
-
Premises Liability Expert Witness’ Testimony Limited due to being based on Observable Contents
In May 2021, Plaintiff Drew Krantz visited Adrien Crastes’ apartment at Lewisburg in Pennsylvania. The Defendant, Market Street Investment Corporation, Inc owned the premises. Krantz and others decided to install a window air conditioning unit in Crastes’ window. But when Krantz tried to open the window, the windowpane broke and fell on his wrist, causing the injury…
-
Biomechanical Engineering Expert Witness fails to provide a “scientific connection” to the issue at bar
On February 7, 2020, Mauricio Gonzalez-Lopez, who was then a 37-year-old employee of V-coin, Inc. (“V-com”), was at V-corn’s warehouse unloading a tractor-trailer owned by Perfect Trading, Inc. (“Perfect Trading”) and operated by its driver, Ding Yi (“Yi”). Defendants Perfect Trading and Yi (“Defendants”) maintained that Yi remained in his truck throughout the entire unloading…
-
Economics Expert Witness’ Analysis of Job Opportunities Available to Plaintiff Excluded
Daniel J. Csaszar is a physician who worked at an urgent care facility run by Defendant Monarch Medical, LLC beginning in 2015, working one shift per week. In 2019, he moved to two shifts per week. Defendants terminated Csaszar on March 9, 2022, and Csaszar began new employment as a physician on October 17, 2022…
-
Pediatrics Expert Witness Testimony Limited Despite Thorough Medical Literature Review
Gerber Products Company sells several infant formula products. This case concerns Gerber Good Start Gentle (sometimes referred to below as “GSG”). Unlike most other infant formulas, which are made with “intact” cow’s milk protein, GSG uses cow’s milk protein that has been partially broken down (the technical term is “100% Whey-Protein Partially Hydrolyzed”). Good Start Gentle…
-
Economics Expert Witness’ Testimony Rejected on account of Half-Hearted Support for his Methodology
Plaintiffs James and Roxanne Thomas (“Plaintiffs”), on behalf of themselves and all others similarly situated, brought suit against GEICO Casualty Company, GEICO Indemnity Company, and GEICO General Insurance Company (collectively “GEICO” or “Defendants”) for violating the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”). Since 2013, Plaintiffs have been GEICO customers. Plaintiffs renewed their…
-
Marketing Expert Witness’ Survey Estimating the Likelihood of Consumer Confusion Held to be Reliable
Maker’s Mark entered into a Licensing Agreement with Spalding Group gransting an exclusive license to use its trademarks to create and sell cigars seasoned with its bourbon (the “Licensed Cigars”). After renewing the agreement a few times, in 2013, Maker’s Mark notified Spalding that it was terminating the license effective December 31, 2015. Spalding Group…
-
Psychiatry Expert Witness’ Testimony Regarding Plaintiff’s Pain and Suffering Related to his Defamation Claims Rejected
In this pending lawsuit, which was the product of consolidated cases: Case No. 20-1074, the Lead Case, and Case No. 22-1186, the Member Case, Fazio filed a second amended complaint in the Lead Case against Metropolitan Casualty Insurance Company (“Metropolitan Casualty”), Naihomi Figueroa Fontánez (“Ms. Figueroa”), and Isaías Soto Reyes (“Mr. Soto”) on September 29,…
-
Insurance Expert Witness with Commercial and Residential Construction Experience Deemed Qualified to Present Observations of Plaintiff’s Property
The case arises out of a claim for total replacement of a concrete tile roof due to hail damage under a businessowners insurance policy for a dental office at 550 24th Ave. SW in Norman (the “Property”). The hailstorm occurred onApril 28, 2021. Defendant filed a Daubert motion to strike and exclude certain opinions and…
